Damaged And Lost - Law Dictionary Search Results
Home Dictionary Name: damaged and lostDamaged and lost
Damaged and lost, The word 'damaged' in the collocation of the words 'lost or damaged' appearing in the proviso to sub-s. (2C) of s. 13 of the Prevention of Food Adulteration Act,1954 in relation to the part of the sample sent by the court to the Director of the Central Food Laboratory must, in the context, mean 'damaged due to any cause, including decomposition'. The word 'damaged' in the collocation of the words 'lost or damaged' occurring in sub-s. (2) of s. 11 and in the proviso to sub-s. (2C) of s. 13 must be construed in furtherance of the object and purpose of inserting these provisions. The whole purpose of depositing two parts of the sample with the Local (Health) Authority is that if one of the parts of the sample is lost or damaged for any reason whatever, the remaining part may still be available for analysis, Charanji Lal v. State of Punjab, (1984) 1 SCC 329: AIR 1984 SC 80 (85): (1984) 1 SCR 513. [Prevention of Food Adulteration Act (37 of 1954), ss. 11 (2) and 13 (2C) Pr...
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Average
Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...
casualty
casualty pl: -ties 1 : an unfortunate occurrence ;esp : a serious and often disastrous accident [conversion of property…arising from fire, storm, shipwreck, or other "Internal Revenue Code"] 2 : something lost, stolen, damaged, or destroyed see also casualty gain at gain casualty loss at loss ...
no-fault
no-fault 1 : of, relating to, or being a motor vehicle insurance plan under which someone injured in an accident is compensated usually up to a stipulated limit for esp. actual losses (as for property damage, medical bills, and lost wages) by that person's own insurer regardless of who is responsible for the accident and is prohibited from or limited in his or her right to sue the responsible party 2 : of or relating to no-fault divorce [a ground for dissolution] see also no-fault divorce at divorce ...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Warranty
Warranty, a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing granted accompanied by a promise, express or implied, that if eviction should take place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY.More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon Hill Estates Ltd., (1931) 2 KB 113, or to any other agreement or transaction, and in so far as it is a contract a warranty does not differ from any other contractual promise. A warranty may be express or implied by law or statute.For instances of implied warranties, see that title, CAVEAT EMPTOR, ...
Wrongful dismissal
Wrongful dismissal. A wrongful dismissal is an unjustifiable dismissal of a servant by the master from an engagement for services for a fixed time or, if upon notice, before expiration of the period of notice. The servant may elect to treat the contract as repudiated, General Bill Posting Co. v. Atkinson, 1909 AC 118; and see Measures, Ltd. v. Measures, (1910) 2 Ch 248, in which case he can recover wages actually earned on a quantum meruit [see Cutter v. Powell, (1795) 6 Term Rep 320, and Notes, Sm. L.C.], or if he treats the contract as continuing, he may sue for damages for loss of service and such wages as he has lost the opportunity of earning, taking into account the probability of finding another employment of the same kind and degree [see Brace v. Calder, (1895) 2 QB 253], but he cannot sue for a quantum meruit as well as on the contract. The custom that a domestic servant may be dismissed at any time by a month's notice or payment of a month's wages has been judicially proved, ...
wrongful pregnancy
wrongful pregnancy : a malpractice claim brought by the parents of a healthy but unwanted child usually against a physician or health-care provider for alleged negligence in performing a sterilization or abortion procedure and sometimes against a pharmacist or pharmaceutical manufacturer of contraceptives ;also : the pregnancy or injury at issue in such a claim [an action for wrongful pregnancy] called also wrongful conception NOTE: A majority of courts faced with the issue have disallowed damages for child-rearing expenses in wrongful pregnancy cases. It is more common to recover for medical expenses, pain and suffering, lost wages, or loss of consortium from pregnancy and childbirth. ...
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